Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 261

    (1)     This rule applies to a proceeding if the court is satisfied—

        (a)     that a deceased person's estate has an interest in or is affected by the proceeding, but is not represented in the proceeding; or

        (b)     that the personal representative of the deceased person has an interest in the proceeding adverse to the interests of the deceased person's estate.

    (2)     The court may—

        (a)     order that the proceeding continue in the absence of the personal representative; or

        (b)     by order, appoint a personal representative for the deceased person's estate for the proceeding.

    (3)     The court may make an order under this rule on the application of a person interested in the deceased person's estate or on its own initiative.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

    (4)     The court must not appoint a person under subrule (2) (b) unless the person agrees to the appointment.

    (5)     If the court orders that the proceeding continue in the absence of a personal representative for the deceased person's estate, any order made under this rule, and any order subsequently made in the proceeding, is binding on the estate as if a personal representative were a party to the proceeding.

    (6)     Before making an order under this rule on application, the court may order that notice of the application be given to anyone with an interest in the estate it considers appropriate.